ORDER: C.M.RNo.15875 of 2004 has been filed to stay all further proceedings in O.P.No.569 of 2004 on the file of the Principal Family Court at Chennai pending disposal of the main civil revision petition.

2. V.C.M.P.No.16153 of 2004 has been filed to vacate the interim stay granted by this Court on 29.9.2004 in C.M.P.No.15875 of 2004.

3. Civil Revision Petition No.1695 of 2004 has been filed against the order dated 27.7.2004 in I.A.No.848 of 2004 in O.P.No.569 of 2004 pending on the file of the Principal Family Court, Chennai.

4. The petitioner in the C.R.P. is the wife of the first respondent in O.P.No.569 of 2004 on the file of the Principal Family Court, Chennai. The petitioner filed I.A.No.848 of 2004 in the said Original Petition to restrain the respondents 2 to 5 in any manner printing or publishing any proceedings relating to the institution of the petition filed by the petitioner before the Family Court or carry any other recital as a news item in the telecast or their respective publication and to punish them for any such violation.

5. The learned trial Court Judge dismissed the said Interlocutory Application on the ground that the respondents have not contravened the provisions of Sec.22 of the Hindu Marriage Act they are not liable for any punishment to be made under the provision of Hindu Marriage Act and if they contravened the said provision action has to be taken in a different forum. Aggrieved over the said order, the present civil revision petition has been filed by the petitioner and further proceedings was stayed by this Court by order dated 29.9.2004 in C.M.P.No.15875 of 2004.

6. The learned senior counsel for the revision petitioner contends that in view of Sec.22 of Hindu Marriage Act, 1955 the proceedings shall be conducted in camera in the Family Court and such proceedings should not be printed or published in any manner except a judgment rendered by a High Court or of the Supreme Court with the prior permission of such Courts. The contention of respondents 2 to 5 is that publication of newsitems with regard to the Court proceedings is a fundamental right and the same cannot be curtailed by an order of injunction or stay.

7. The learned senior counsel for the petitioner contends that the petitioner is an Actress by profession and publishing the Court proceedings held in the Court damages her reputation, causing irreparable injury. The learned senior counsel Mr.K.Chandru relies on the prohibition clause enshrined in Sec.22 of the Hindu Marriage Act, 1955. Sec.22 of the said Act reads as follows:

“22. Proceedings to be in camera and may not be printed or published: (1) Every proceedings under this Act shall be conducted in camera and it shall not be lawful for any person to print or publish any matter in relation to any such proceeding except a judgment of the High Court or of the Supreme Court printed or published with the previous permission of the Court. (2) If any person prints or publishes any matter in contravention of the provisions contained in Sub-sec.(1) he shall be punishable with fine which may extend to one thousand rupees.”

8. As per the above Section, the proceedings in a matrimonial case should not be printed or published, except the judgments of the High Court or Supreme Court that too with the permission of the Court. Learned counsel for the respondents 2 to 5 would contend that there is no analogous provision in the Family Court Act, 1984, which prohibits any publication and the Family Courts Act, 1984 has got overriding effect on the Hindu Marriage Act, 1955.

9. It is true that the Family Courts Act, 1984 is a later Act, whereas the Hindu Marriage Act is of the year 1955. A careful reading of the Family Courts Act, 1984 would reveal that the Act is intended for the establishment of special Courts called "Family Courts" in every City or Town with a population exceeding one million. The purpose of establishing such family Courts was for speedy settlement of family disputes. The preamble portion o

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